Easement - Avimor Development LLC - 2025 - Avimor - Underground Water Line EasementInstrument # 290183
RECORDING REOVESTED BY ELECTRONICALLY RECORDED - DO NOT IDAHO CITY, BOISE COUNTY, IDAHO
FIRST AMERICAN TITLE COMPANY REMOVE THE COUNTY STAMPED FIRST Recorded
: FIR 01 PM No. of Pages: 8
Recorded for: FIRST AMERICAN TITLE AND ESCRC
AS AN ACCOMODATION ONLY PAGE AS IT IS NOW INCORPORATED AS MARY T. PRISCO Fee: $31.00
PART OF THE ORIGINAL DOCUMENT. Ex-Officio Recorder Deputy Shirley george
EASEMENT AGREEMENT Index to: MISCELLANEOUS
0 72 bZ S !AR B Dy Electronically Recorded by Simplifile
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this 'V day
of July, 2025, by and between Avimor Development LLC . referred to as "Grantor", and
the CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantee".
RECITALS
A. Grantor is the owner of certain real property situated in the City of Eagle, Boise County,
Idaho, hereinafter referred to as the "Subject Property", and more particularly described
in Exhibit "A" hereto.
B. The Grantee is the owner and operator of a municipal water system, and in connection
therewith, desires to acquire from the Grantor an easement over, under and across a certain
portion of the Subject Property for an underground water line.
C. The parties further desire to provide that the effectiveness of said easement, or portions
thereof, may be suspended if, and for so long, as said easement or portions thereof are
located within any dedicated public road right-of-way.
D. The Grantee and the Grantor have agreed upon, and desire to herein memorialize the
terms and conditions which will govern the granting and use of the aforementioned
easement.
AGREEMENT AND GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the Grantor, the parties hereto, for themselves, their heirs, successors and
assigns, agree as follows:
1. The above Recitals are a material part of this Agreement and are incorporated by reference
as though they were fully set forth herein.
2. Grantor, subject to the terms and conditions hereinafter set forth, hereby grant and convey
unto the Grantee, its successors and assigns, an easement over, under and across that
portion of the Subject Property described in Exhibit "A" and generally as shown on
Exhibit "B" attached hereto, for the purpose of permitting the Grantee to therein
construct, install, maintain, repair, replace, use, and operate an underground water line or
lines, and related facilities ("Easement").
3. The Easement shall be permanent and perpetual, unless Grantee agrees in writing to its
termination, or it is otherwise abandoned or vacated by the Grantee; provided, however,
that should any portions of the Easement hereafter come to be located within, or become
a part of, a public right-of-way or a dedicated street or road, said Easement shall be
deemed to be of no force or effect for so long as said right-of-way remains a dedicated
public street or road, during which time Grantee's rights shall be governed by applicable
law and/or alternative agreements between Grantee and the governmental entity having
jurisdiction over said dedicated public street or road right-of-way.
4. In order to carry out the provisions of this Agreement, Grantor further conveys to Grantee,
its agents, employees, contractors, and assigns a temporary license to traverse or occupy a
portion of the Subject Property or Easement with vehicles and equipment for the purpose of
making improvements and excavations thereon and thereunder as may be reasonably
necessary to construct, install, maintain, repair, replace, operate or use water lines and
related facilities installed or located in the Easement.
5. Grantee shall save and hold Grantor harmless from any and all liability for personal
injury or property damage resulting from, or in any way connected with, any use or
activity undertaken or permitted by the Grantee, or any of its agents, employees,
contractors or assigns.
6. Upon completion of its installation of water lines and related facilities within the Easement,
and any subsequent construction or maintenance activity conducted therein by the
Grantee, the Grantee shall immediately repair, restore and revegetate all disturbed
surface areas in a manner consistent with conditions existing prior to the disturbance, all to
the reasonable satisfaction of the Grantor.
7. This Agreement, and the easement herein granted shall be appurtenant to, and run with
the title to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
AVIMOR DEVELOPMENT LLC
By:
Dan Richter -Managing Member,
"GRANTEE"
CITY OF EAGLE
By:
Brad Pike, Mayor
ATTEST
r
By:
cy orn, City Clerk
STATE OF IDAHO )
County of )
On this day of 20-2!� before me, JQti/a-k V`�it-f-�-., a
Notary Public for said County and State, pers nally appeared Dan Richter, known or identified to
me to be the Manaaina Member and the person who subscribed said name to
the foregoing instrument, and acknowledged to me that he/she/they executed the same in said
"GRANTOR's" name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
,tkOTA$y NOTARY PUBLIC FOR IDAHO
WIDOW Residing at� �„yz
pUBVIC My commission expires 0lk )
OF
STATE OF IDAHO
County of Ada
On this day of V 1 201_5, before me, 1&W� , , a
Notary Public in and for said County and Sta e, personally appeared 9.`I' QLknown or
identified to me to be the MWI _, the body politic that executed the
foregoing instrument, and acknowle ged to me that such body politic executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
//,(I-
e'oNH1N8N'B..•Y NOTARY BLIC FOR IDAHO
TARy ResidingatA4A. Caws
My commission expires Z-W3O
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Exhibit A
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IDAHO
Exhibit B
EXHIBIT A
Description for
Water Easement
Judge Subdivision
June 23, 2025
A portion of the West 1/2 of Section 6, Township 5 North, Range 2 East, Boise
Meridian, City of Eagle, Boise County, Idaho more particularly described as follows:
Easement 1
Commencing at to the 1 /4 corner common to Section 1, T.5N., R.1 E. and
Section 6, T.5N., R.2E., B.M., from which the Section corner common to said Sections
1 and 6 bears North 00007'32" East, 2439.85 feet; thence North 69047'22" East,
1,309.27 feet to the POINT OF BEGINNING;
thence North 16048'42"
East, 22.00 feet;
thence South 73020'06"
East, 53.03 feet;
thence South 16039`54"
West, 45.00 feet;
thence North 73020'06"
West, 21.50 feet;
thence North 16039'54"
East, 23.00 feet;
thence North 73020'06"
West, 31.59 feet to the POINT OF BEGINNING.
Containing 1,662 square feet, more or less.
AND
Easement 2
Commencing at to the 1/4 corner common to Section 1, T.5N., R.1E. and
Section 6, T.5N., R.2E., B.M., from which the Section comer common to said Sections
1 and 6 bears North 00007'32" East, 2439.85 feet; thence South 73°01'32" East,
1,338.62 feet to the POINT OF BEGINNING;
thence South 22°24'32" East, 37.50 feet;
thence South 67035'28" West, 24.00 feet;
thence North 22024'32" West, 37.50 feet;
thence North 67°35'28" East, 24.00 feet to the fh f
POINT OF BEGINNING. m `1 77, 9 a
Containing 900 square feet, more or less.
�p E of
End of Description. y'y McCP�`�
Page I of I
EXHIBIT'B'
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Line Table
Line
Bearing
Length
L5
S22'24'32"E
37.50'
L6
S67'35'28"W
24.00'
L7
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37.50'
L8
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24.00'
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IDAHO Exhibit Drawing for Job No.
23— 038
9939W EMERALOST Water Easement Sheet No
SURVEY BOISE IDAHO 83704
0 (206)646_8570 Jude Subdivision 2 of 2
GROUP, LLC A portion of the WI/2 of Section 6. Dwg. Date i
T.5N.. R.2E.. B.M.. City of Eaale. Boise County, Idaho. 6/23/2025 i
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Line Table
Line
Bearing
Length
L1
N16'48'42"E
22.00'
L2
N73'20'O6"W
21.50'
L3
N16'39'54"E
23.00'
L4
N73'20'06"W
31.59'
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IDAHO Exhibit Drawing for Job No.
23-038
SURVEY 9939W EMERALOST Water- Easement Sheet No.
BOISE �OAMO 83704
(208)84&8570 Judge Subdivision 1 of 2
GROUP, LLC A portion of the W1/2 of Section 6, Dwg. Date
0T.SN.. R.M. B.M,. City of Eoale. Boise County. Idaho. 6/23/2025